AFFIRMATIVE ACTION AND DISABILITY: PERSPECTIVES ON INCLUSION OF INDIVIDUALS WITH UNILATERAL HEARING LOSS IN HIGHER EDUCATION

Abstract

Brazilian Law No. 14,768/2023 recognizes unilateral deafness as a hearing impairment, correcting a historical exclusion in access to public policies and affirmative action in Brazil. In the field of higher education, this recognition opens up new challenges related not only to access, but above all to retention, learning, and academic participation. This article analyzes the repercussions of this law on Brazilian higher education in light of the Capabilities Theory, developed by Amartya Sen and Martha Nussbaum, seeking to understand to what extent legal recognition translates into real educational opportunities for students with unilateral deafness. This is a qualitative, analytical, and documentary research, based on the analysis of legislation, educational policies, and scientific productions in the fields of education, health, and law. The results show that, although the law represents an important normative advance, its effectiveness in the educational context is still limited by the absence of specific regulations, the fragility of institutional accessibility and retention policies, and the insufficiency of teacher training focused on diversity. It is concluded that the educational inclusion of people with unilateral deafness in higher education depends on the articulation between affirmative actions, retention policies, and pedagogical practices capable of expanding educational capacities, transforming the formal right into a concrete experience of learning and participation.